Michael A. Cyphert

Areas Of Emphasis

• Defense of federal and state civil and criminal environmental enforcement actions
  
  
• Lead counsel in defense of owners and operators of land disposal facilities
  
  
• Counsel for the construction and demolition debris disposal industry
  
  
• Counsel for industrial group defendants in Superfund litigation
  
  
• Common counsel in Superfund cost recovery and contribution actions
  
  
• Lead counsel for cost recovery action against consultant for negligent environmental counseling
  
  
• Cost recovery actions for design defect claims against Municipal Waste Water Treatment facilities
  
  
• Lead counsel for contract disputes involving historical environmental damage and liability among successive owners of contaminated properties
  
  
• Defense of enforcement actions under RCRA, TSCA, Clean Water Act, and Clean Air Act
  
  
• Negotiations to reduce civil penalties in RCRA, Clean Air Act and Clean Water Act cases
  
  
• Representation of municipalities and public entities in land use disputes involving solid waste transfer and disposal facilities
  
  
• Lead counsel in defense of new source review enforcement cases
  
  
• Defense of product liability claims involving asbestos
  
  
• Defense of Removal Orders by Army Corps of Engineers for filling of wetlands and navigable waters
  
  
• Participation in background investigations for solid waste permits
  
  
• RCRA corrective actions
  
  
• Hazardous communication, community right-to-know, toxic release reporting for manufacturing and chemical production facilities
  
  
• Underground storage tank closures and clean up
  
  
• OSHA inspections and penalty negotiations
  
  
• Defense of environmental criminal cases involving air pollution, Title V reporting, water discharges, and claims of improper handling and disposal of hazardous waste
  
  
• Actions for recovery of compensation and lost profits under the Oil Pollution Act
  
  
• Regulatory Counseling/Permitting
  
  
• Coordination of Legislative and Regulatory initiatives on behalf of individual companies and trade organizations
  
  
• Lead counsel in numerous administrative, licensing, adjudicatory and appellate proceedings before state and federal agencies
  
  
• Extensive counseling regarding the licensing and operation of solid waste and construction and demolition debris facilities
  
  
• Appeal of denial of scrap tire transporter license
  
  
• Strategic planning for Individual and Nationwide Permits to fill wetlands and jurisdictional waters
  
  
• Resolution of zoning and land use controversies
  
  
• Business transactions involving environmental issues
  
  
• Structuring and allocation of environmental risks in business transactions
  
  
• Evaluation of insurance mechanisms to address short and long-term environmental liability risks
  
  
• Counseling business entities regarding redevelopment of Brownfield sites
  
  
• Counseling business entities regarding long-range pollution control options
  
  
• Evaluation of availability of substitute energy resources for pollution reduction
  
  
• Prospective Purchaser Agreements for contaminated sites

Professional & Community Associations

• American Bar Association - Litigation and Environmental, Energy and Resources Sections
  
  
• Ohio State Bar Association - Environmental Law Committee
  
  
• Federal Bar Association - Environmental Law Section
  
  
• Cleveland Metropolitan Bar Association - Environmental Law Committee
  
  
• Defense Research Institute - Toxic Tort and Environmental Law Committee
  
  
• Case Western Reserve University School of Law - past Adjunct Lecturer, 1976-1990, Energy and Environmental Law

Education

Case Western Reserve University School of Law, J.D., 1973
(Order of the Coif)
Case Western Reserve University, B.A., 1970

Licensed to Practice

• Ohio
• U.S. Supreme Court
• Federal district and appellate courts

WebCast

Watch Mike in action as he argues a case before the Ohio Supreme Court.

Areas of Practice